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Initial Guidance…

…TO THE POLICE AND PROBATION SERVICES ON SECTIONS 67&68


OF THE CRIMINAL JUSTICE AND COURT SERVICES ACT 2000

INTRODUCTION BACKGROUND PURPOSE

1. This guidance is issued 2. In recent years police and probation


services have paid increasing attention
3. The Criminal Justice and Court
Services Act 2000, sections 67 and 68,
to their role in protecting the public seeks to increase public protection by
by the Secretary of State from sexual and violent offenders. building upon the existing inter-
Much work to develop this role has agency arrangements. It introduces a
and underpins the duty already taken place. All areas of statutory duty on police and probation
England and Wales now have some to make joint arrangements for the
under the Criminal inter-agency arrangements in place to assessment and management of the
assess and manage risks posed by sex risks posed by sexual and violent
Justice and Court offenders; and in most areas these offenders, and other offenders who
arrangements cover violent offenders may cause serious harm to the public.
Services Act 2000 to also. Many of these arrangements The purposes of the new arrangements
began when the Sex Offenders Act are to consolidate and develop existing
make joint arrangements 1997 was implemented; others work and to promote best practice and
predated that Act. In most areas police consistency across England and Wales.
for the assessment and and probation have jointly taken the There is also a requirement to produce
lead and in many areas have been an annual report on the work carried
management of the risks successful in negotiating the out under the arrangements.
involvement of other agencies in the
posed by sexual, violent
and other offenders who
arrangements, notably Social Services,
Health, and Local Authority Housing
Departments. Since the Sex Offender
4. Ministers’ intention is that effective
and consistent public protection
Act, the government has introduced a arrangements will exist in every police
may cause serious harm number of further public protection and probation area, following national
measures. The Crime Sentences Act guidance, but implemented locally to
to the public. This duty 1997 introduced mandatory life best suit local conditions and local
sentences for second time serious sex needs. In addition to police and
commences on 1 April and violent offenders. The Crime and probation there are a number of
Disorder Act 1998 introduced statutory and voluntary agencies that
2001. Extended Sentences for sexual and have an important role to play in
violent offenders, and the Sex effective public protection. The
Offender Order. In December 2000, National Probation Directorate will be
proposals for the management of working up a comprehensive strategy
dangerous offenders with severe on the management of the risks posed
personality disorder were published in by dangerous offenders. This will
the White Paper “Reforming the require the active participation of not
Mental Health Act”. just the police but all the other
agencies involved. Our aim will be to
achieve agreement across these
agencies so as to put in place
arrangements that will better protect
the public.
Initial Guidance

GUIDANCE

5. Work under the new statutory duty


Minimum Requirements
will develop and strengthen over time
as the arrangements become
established and bed in. This initial
guidance is intended to assist with the
9. As a first step towards consistent
practice there will be minimum
arrangements will need this
information for later publication in
the annual report
immediate work necessary to enable requirements for the
police and probation to meet the arrangements made by Police and b) Establish and agree systems and
requirement. During the course of the Probation, for the first year. processes for sharing information
first year, work to produce more Whilst the more comprehensive and for inter-agency working on all
comprehensive guidance for the longer guidance to follow will assist in the relevant offenders.
term will take place. This will involve a securing the involvement of other
number of government departments agencies and clarifying their roles, The local arrangements made are
and a wide ranging consultation Police and Probation in the first based first and foremost on
exercise with all interested statutory year must seek to negotiate the information sharing between
and voluntary agencies nationally. The involvement of Social Services, agencies. Information needs to be
Youth Justice Board will, at the same Health and Local Authority shared on all the relevant offenders
time, draw up guidance specifically for Housing. to enable risk assessments to be
young offenders. In the meantime local made and to be re-assessed if
multi-agency arrangements made for Minimum requirements for the first year necessary over time. In many cases
the highest risk offenders must must: the sharing of information to
facilitate referral of young offenders as inform the risk assessment will be
well as adults. a) Establish Strategic Management the only inter-agency action
Arrangements for reviewing and required, with the risk management
monitoring the effectiveness of the action taken as a result of the
THE CRIMINAL JUSTICE arrangements made and for revising assessment resting with one agency
AND COURT SERVICES ACT them as necessary or expedient. alone. For example, there will be
2000 cases where the supervision
The Strategic Management provided by the probation service is

6. Section 67 of the Act requires the


responsible authority in each area to
Arrangements must ensure the
minimum requirements stated in the
guidance are established. Specifically,
sufficient to manage the assessed
risk or where supervision has ended
and the only active agency is the
establish arrangements to assess and the Act states that “ The responsible police. In other cases multi-agency
manage the risks posed by relevant authority for each area must keep action to manage the risk may be
offenders, to keep those arrangements the arrangements established by it necessary from the outset, for
under review, and to publish an annual under review with a view to example, where a sex offender on
report on the arrangements made. The monitoring their effectiveness and licence to the probation service
responsible authority for each area is making any changes to them that may be monitored as a registered
the Chief Officer of Police and the appear necessary or expedient.” Each sex offender by the police, be
Local Probation Board acting jointly. area must therefore establish receiving out patient treatment
strategic management arrangements from health services and be

7. Section 68 defines relevant offenders as


sexual and violent offenders and others
at senior management level to fulfil
that requirement.
accommodated within Local
Authority housing provision.

who have committed offences and who Information gathered during


may cause serious harm to the public. monitoring will be used to inform
local practice and to evaluate the

8. The full text of the relevant sections


of the Act is provided at Appendix A.
effectiveness of the arrangements.
Those with responsibility for the
strategic management

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Initial Guidance
c) Establish and agree systems and d) Establish and agree systems and ● Consider need for community
processes to ensure that only those processes for a Multi-Agency Public disclosure and other community
critical few that require that Protection Panel (MAPPP) for the issues.
additional consideration are referred highest risk cases, including young
to a Multi-Agency Public Protection offenders. ● Agree a media strategy where
Panel (MAPPP). appropriate.
It is important for consistency that
In many cases, the sharing of the multi-agency meeting e) Consider resource allocation and
information and general arrangements arrangements made for the highest multi-agency training.
for inter-agency working will be risk offenders in each area must be
sufficient to mange the risks posed by referred to as Multi-Agency Public Senior managers will need to
the offender. It is only those critical Protection Panels (MAPPP). Agencies consider the resource implications
few cases which require additional attending MAPPPs will at a minimum of this work for all the agencies
action or resources, that should be be police and probation services, but involved. Multi-agency training has
referred to a MAPPP. The underlying may - and often should - also already been carried out in many
principle should be that referral to the include Social Services, Health, Local areas and may be beneficial in
MAPPP will be limited to those cases Authority Housing departments and encouraging agencies to become
in which the high risk of harm to the other statutory and voluntary involved.
public can only be effectively agencies locally determined. The role
managed on an inter-agency basis. The of the MAPPP at a minimum is to: f) Community and media
local arrangements must therefore communications.
determine criteria for referral to the ● Share information on those
MAPPP. offenders referred to it. Ministers intend that there will be
regular communication between
We intend, as the strategy develops, to ● Decide upon the level of risk posed the police, probation service and
agree firmer definitions for levels of by the offender. other relevant agencies and the
risk and the appropriate arrangements communities they serve about the
for handling in these. In the ● Recommend the action necessary steps being taken to protect them
meantime, cases fitting any of the to manage the risk including any from sexual and violent offenders.
following criteria must be considered contingencies.
for referral to a MAPPP:
● Monitor and ensure
● Imminence of serious harm implementation of the agreed
● May require unusual resource action.
allocation.
● Serious community concerns. ● Review the level of risk and the
● Media implications. action plan in the light of changes
● Need to involve other agencies not in circumstances or behaviour.
usually involved.
● Consider and manage necessary
This does not preclude arrangements resources.
being made locally for agencies to
hold other inter-agency meetings,
below the level of the MAPPP.

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Initial Guidance

Minimum Requirements (continued)

g) Agree the Annual Report and ● The following items of statistical


statistics. information along with a brief
explanation of their significance:
The annual report should be a clear
and accessible document that i. The number of registered sex
informs and reassures the public offenders on 31 March each year.
about the work taking place for their
protection. For the first year, the ii. The number of sex offenders
report must contain: having a registration requirement
who were either cautioned or
● A summary of the roles and convicted for breaches of the
responsibilities of police, probation requirement, between 1 April and
and any other agency locally 31 March.
involved in the arrangements. This
must include the results of efforts iii. The number of Sex Offender
made to engage other agencies Orders applied for and gained
like Social Services, Health and between 1 April and 31 March.
Local Authority Housing.
iv. The number of offenders
● An outline of the arrangements considered under the
made for the protection of the arrangements prescribed by
public, starting with the day to day Sections 67 and 68 of the Act.
work of the agencies involved and
moving on through to the more v. The cost of the local
specific arrangements for the arrangements, to include initial
highest risk offenders. set up costs and staff hours.

● A description of the strategic


management arrangements to The report should also contain local contact
demonstrate that the work is points that the public may use to relay any
subject to monitoring and concerns they may have or to obtain
evaluation. information or support.

● A description of the way that


disclosure has been used to assist
public protection, including any
relevant examples.

● An outline of the work being done


to ensure that victims are
informed about the progress of the
offender as outlined in Section 69
of the Criminal Justice and Court
Services Act.

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Appendix A
Appendix A
CRIMINAL JUSTICE AND COURT SERVICES ACT 2000

Part III
Chapter II
Sexual or Violent Offenders

Sections 67 and 68

Arrangements for assessing etc. risks posed by certain offenders.


67. - (1) In this section-
“relevant sexual or violent offender” has the meaning given by section 68, and
“responsible authority”, in relation to any area, means the chief officer of police and the local
probation board for that area acting jointly.

(2) The responsible authority for each area must establish arrangements for the purpose of assessing
and managing the risks posed in that area by-
(a) relevant sexual or violent offenders, and
(b) other persons who, by reason of offences committed by them (wherever committed), are
considered by the responsible authority to be persons who may cause serious harm to the
public.

(3) The responsible authority for each area must keep the arrangements established by it under review
with a view to monitoring their effectiveness and making any changes to them that appear
necessary or expedient.

(4) As soon as practicable after the end of the period of 12 months beginning with the coming into
force of this section and each subsequent period of 12 months, the responsible authority for each
area must-
(a) prepare a report on the discharge by it during that period of the functions conferred by
this section, and
(b) publish the report in that area.

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Appendix A

(5) The report must include-


(a) details of the arrangements established by the responsible authority, and
(b) information of such descriptions as the Secretary of State has notified to the responsible
authority that he wishes to be included in the report.

6) The Secretary of State may issue guidance to responsible authorities on the discharge of the
functions conferred by this section.

Section 67: interpretation.


68. - (1) For the purposes of section 67, a person is a relevant sexual or violent offender if he falls within
one or more of subsections (2) to (5).

(2) A person falls within this subsection if he is subject to the notification requirements of Part I of
the Sex Offenders Act 1997.

(3) A person falls within this subsection if-


(a) he is convicted by a court in England or Wales of a sexual or violent offence (within the
meaning of the Powers of Criminal Courts (Sentencing) Act 2000), and
(b) one of the following sentences is imposed on him in respect of the conviction-
(i) a sentence of imprisonment for a term of 12 months or more,
(ii) a sentence of detention in a young offender institution for a term of 12 months or more,
(iii) a sentence of detention during Her Majesty’s pleasure,
(iv) a sentence of detention for a period of 12 months or more under section 91 of the
Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18 convicted of certain
serious offences),
(v) a detention and training order for a term of 12 months or more, or
(vi) a hospital or guardianship order within the meaning of the Mental Health Act 1983.

(4) A person falls within this subsection if-


(a) he is found not guilty by a court in England or Wales of a sexual or violent offence (within
the meaning of the Powers of Criminal Courts (Sentencing) Act 2000) by reason of insanity
or to be under a disability and to have done the act charged against him in respect of such
an offence, and
(b) one of the following orders is made in respect of the act charged against him as the offence-
(i) an order that he be admitted to hospital, or
(ii) a guardianship order within the meaning of the Mental Health Act 1983.

(5) A person falls within this subsection if the first condition set out in section 28(2) or 29(2) or the
second condition set out in section 28(3) or 29(3) is satisfied in his case.

(6) In this section “court” does not include a court-martial or the Courts-Martial Appeal Court.
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Appendix B
Appendix B
DEFINITIONS
SERIOUS HARM
Harm which is life threatening or traumatic
and from which recovery, whether physical or
psychological, can be expected to be difficult
or impossible.

MAPPP
A multi-agency meeting established locally to
consider those offenders who present the
highest risks. Police and Probation as a
minimum will attend, although other
agencies may attend as necessary.

STRATEGIC MANAGEMENT
ARRANGEMENTS
Senior Officers representing all the agencies
involved in the arrangements established
under the Act. Key responsibilities include the
review and monitoring of the arrangements
as a whole.

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Point of contact

Point of contact
This guidance has been produced in by the Home Office in conjunction with the
Association of Chief Police Officers, the Association of Chief Probation Officers, Her
Majesty’s Inspectorate of Constabularies and Her Majesty’s Inspectorate of Probation.
Further advice can be obtained from:

Carol Kellas
Dangerous Offenders Unit,
National Probation Directorate
Home Office,
Horseferry House,
Dean Ryle Street,
London.

Tel: 020 7217 0744

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